Industrial injury claims refers to any injury, disability or disease that can be directly attributed to an individual’s working environment and was due to some form of negligence.
There is a wide range of conditions that come under the purview of industrial injury. If you are injured or disabled or you contract some sort of disease in the course of performing your job in any workplace in Britain, you may be eligible to claim compensation for industrial injury.
What Types Of Injuries Are Covered Under Industrial Injury Claims?
Industrial injury claims generally fall under two main categories: Work-related diseases and work-related accidents.
Work related diseases –
This category includes any disease that a worker may have contracted due to exposure to harmful materials or chemicals, use of certain machinery or gadgets or any other factor that may have caused the disease.
Examples of work related diseases may include:
- Asbestos diseases and mesothelioma caused due to asbestos exposure.
- Repetitive strain injury or carpal tunnel syndrome due to repeated use of a certain device.
- Hearing loss & deafness due to high noise decibels in the workplace.
- Asthma due to exposure to dust/fumes.
- Lyme disease, emphysema, carcinoma or cirrhosis.
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Work related accidents –
This category includes any accident that may be directly related to the worker’s job. Any injury that results because of machinery that malfunctions, heavy falling objects, slippery flooring or any other adverse condition in the workplace would come under work related accidents.
Are You Eligible To Claim Compensation For Industrial Injury?
To be eligible to claim compensation for industrial injury you must meet these two conditions:
- You should have been employed and discharging your duties when the accident occurred. You may not be eligible to claim if you were self-employed at the time of the accident.
- The accident which resulted in the injury, disability or disease happened in England, Scotland or Wales. Even if you are a resident of England, Scotland or Wales, if the accident did not occur in any one of these three countries you may not be eligible to file a claim for compensation.
Understanding The Time Limits For Filing An Industrial Injury Claim
Industrial injuries differ from most other personal injuries with regards to the time limits for filing the claim. As a general rule, any personal injury claim must be filed within three years of the accident. There is no such statute of limitations for filing compensation claims for industrial diseases.
This longer time limit for filing industrial injury claims is because the nature of most industrial diseases is such that it could take several years for the illness to develop or for the symptoms to manifest. For example, mesothelioma may develop several years after the exposure to asbestos occurred.
Regardless of the longer time limit, it is advisable to always file a claim immediately after any type of definite industrial accident. For example you were hurt by a heavy falling object, you were injured when a machine malfunctioned or you slipped on the floor because of an oil spill that was not cleared up. In such cases, you should file a claim immediately after the accident, irrespective of how minor the accident or the injuries may seem at the time and even if there is no apparent injury at the time. This is because if the injury or disease manifests itself at a later time, the earlier data helps to link the accident with the injury.
Another compelling reason to file a claim earlier rather than later is that it takes time to put together a case. Your personal injury solicitor assigned to your claim will have to first gather all the evidence, look through your medical records and consult with a medical professional to verify your injuries and contact your employer’s insurance company. This can take a lot of time. The sooner you start the sooner you will be able to get the compensation you need to help offset your expenses.
Discuss Your Industrial Injury With The Experts
With a longer deadline it may seem like a good idea to try and file a claim for compensation by yourself, without any professional help. This is highly inadvisable for several reasons.
Firstly, winning an industrial injury claim is never going to be as simple as you think. When you have decided to file a claim, it is not your employers who you have to contend with but with your employer’s insurance company. Most workplaces are insured. Even if it is clear that your injury was caused due to an accident in the workplace, the insurance lawyers will look for a loophole that will protect their interests. If they cannot squash the claim entirely, they will look for a way to pay you as little compensation as they can.
Secondly, your priority should be to get medical attention for your injuries or disease. Trying to file and then fight the case by yourself can add hugely to your stress levels and may also disrupt your healing.
Thirdly and most importantly of all, our personal injury solicitors shall consult with you for free and at the same time ask for all the details of the incident and all injuries. They will then consult with a medical expert and also refer to other similar cases we have claimed for to evaluate the merits of your case. If they determine that you have a good case, they shall agree to file the industrial injury case on your behalf on a No Win No Fee basis which you can find out more on here.
According to the terms of a No Win No Fee agreement, you will not have to pay us any legal fees up-front at any time during the proceedings. We will bear all expenses, from our own services fees to the cost of expert consultation and the court fees too. You only need to pay after the case has been settled and only if we have won the case and received the compensation amount.
The amount that you have to pay is a percentage of the final sum awarded to you, and this percentage will be agreed upon with you before we proceed with any action.
Another advantage of hiring a personal injury solicitor to file your industrial injury claim is that they will not settle for any amount that is less than what is owed to you. They will make sure that you get the compensation you deserve. This will be calculated based primarily on the severity and type of injury along with a few other factors which can be explained further should you decide to contact us.